Page 130 - Ad Hoc Report June 2018
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Section 5: Compensation System Under the CJA
The CJA guarantees an appointed attorney “shall, at the conclusion of the represen- tation or any segment thereof, be compensated...for time expended in court” and “for time reasonably expended out of court.”354 Attorneys may also request reim- bursement for reasonably incurred expenses. The panel attorneys who are paid
on an hourly rate—currently $132 per hour in non-capital felony cases—submit “vouchers” itemizing their time and expenses. As established earlier in this report, judges review those vouchers and ultimately determine how much to compensate and reimburse CJA panel attorneys.355
5.1 Policy Regarding Compensation
The Criminal Justice Act sets “case maximums” for compensation providing for increases as the hourly rate increases.356 The current maximum in non-capital felony cases is $10,300.357 This cap can be waived if the presiding judge determines the representation is “extended or complex” and “certifies that the amount of the excess payment is necessary to provide fair compensation.”358 The chief judge of the circuit or his designee also must approve any payments that exceed the case maxi- mum. (For discussion of the circuit court approval process, see Section 6. For more on capital cases, see Section 9.)
354 18USCA§3006A(d)(1).
355 18USCA§3006A(d)(5).
356 18USCA§3006A(d)(2).
357 Casecompensationmaximumamountsvarybycasetypeanddonotincludereasonableexpenses. Guide to Judiciary Policy, Vol. 7A, Ch. 2, §§ 230.23.20 and 230.23.10(d).
358 18USCA§3006A(d)(3).
No recommendation presented herein represents A D H O C C O M M I T T E E T O R E V I E W T H E C R I M I N A L J U S T I C E A C T the policy of the Judicial Conference of the United States unless approved by the Conference itself.

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